Convicted child molester wins chance at new trial

Luke Petruschke (Florida Department of Corrections,…)

March 6, 2013|By Linda Trischitta, Sun Sentinel

A man sentenced to two life terms for molesting a 3-year-old Davie boy was deprived of a fair trial because a prosecutor made improper remarks, Florida's 4th District Court of Appeal decided Wednesday.

Luke Petruschke, 42, is at Apalachee Correctional Institution East in Sneads, in Florida's Panhandle.

Petruschke was a close friend of the boy's family until one morning in October 2009, when the child told his parents that the previous night Petruschke had fondled his genitals and buttocks.

Petruschke apologized to the child's father, Manuel Vega, according to court documents that say the parent punched Petruschke and beat him with a rock.

He was in a medically induced coma for part of a week spent in a hospital.

Vega pleaded guilty to felony battery and was sentenced to probation, according to court records.

In its decision, the appeals court in West Palm Beach wrote that the prosecutor made numerous improper comments during the 2011 trial, including that the child "lacked the mental ability to fabricate the allegations;" that the assistant state attorney repeatedly referred to Petruschke as a "pedophile" and suggested that a pedophile would "touch a kid whenever he feels like it."

"Mr. Petruschke's mother is completely shocked and very happy that he will get another chance," said Barry Butin, who represented Petruschke during his trial.

The state has 15 days to ask the appeals court for a rehearing of its decision. The higher court could change its decision or deny the state's request, lawyers familiar with the case said.

If the state loses or doesn't ask for a reversal of the appeals court's decision, Petruschke would be brought back to Broward County jail as if he had newly been arrested. He would face the charges and a new trial again, and could also apply for bond.